February 25, 1998
Attorney General Tries to Bury Ohio Roundtable Sales Tax Suit

Cleveland, OH—The Ohio Roundtable filed suit last Thursday, February 19, 1998, to keep the sales tax increase (HB697) from reaching the May 5th ballot. The Roundtable contends the statute is unconstitutional and violates Ohio election law. Since that time the Roundtable has amended its complaint by adding two additional charges against the tax measure. Both new charges relate to inconsistencies in the drafting of the law and its effective dates.

"We have said all along that this case is clear and should be heard on its merits. The additional confusing language over effective dates just adds more reason for the court to throw this measure off the ballot," said David Zanotti, president of the Ohio Roundtable and plaintiff in the suit.

In the meantime, Ohio Attorney General Betty Montgomery has filed charges against the Franklin County Court demanding that the suit be stripped from the Court of Common Pleas and immediately be heard by the Ohio Supreme Court. The state is contending that this suit should be heard as a part of the DeRolph school-funding suit now before the Supreme Court.

"This is pure political shenanigans," Zanotti stated. "Nothing in our complaint deals with DeRolph. This suit is about keeping Ohio elections true to the Constitution and protecting the integrity of voter rights. The Attorney General is simply trying to bury this case in the bottomless pit of the school-funding suit so that it will never be heard on the merits. They know HB697 is a legal disaster and they are afraid to defend it in the light of day."

Franklin County Common Pleas Judge Richard S. Sheward has set a March 18th date to hear the case. The date was originally agreed upon by both the plaintiff and the Attorney General’s office. The Ohio Roundtable has filed a motion to keep the case in Franklin County Court and proceed with the agreed upon hearing date. The Ohio Supreme Court will now have to decide where the case shall be heard.

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Related alert: ROUNDTABLE SUES STATE OF OHIO